Vinay Kumar Vishwakarma vs State of U.P.

S.C. Chaurasia, J.—Supplementary-counter affidavit filed on behalf of State is taken on record.

Heard learned Counsel for the applicant, learned A.G.A. and perused the record.

This bail application has been moved on behalf of applicant-accused, Vinay Kumar Vishwakarma, who is involved in Case Crime No. 104 of 2008, u/s 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Achalganj, District-Unnao.

Learned Counsel for the applicant has drawn my attention towards the gang-chart, Annexure No. 2, and has submitted that a criminal case at Crime No. 76 of 2008, under Sections, 376 and 376(2)(ga)(chha) I.P.C., as detailed and described in the gang-chart, was registered against the applicant earlier, and the applicant was convicted and sentenced vide judgment and order dated 01.12.2008 passed by learned Additional Sessions Judge/Fast Track Court No. 1, Unnao, in Sessions Trial No. 315 of 2008 and feeling aggrieved by the said judgment, the applicant preferred criminal appeal in this Court and during the pendency of the appeal, the applicant has been enlarged on bail vide this Court''s order dated 30.07.2010 passed in Criminal Appeal No. 2816 of 2008 Vinay Kumar Vishwakarma v. State of U.P., and the copy of bail order has been enclosed as Annexure No. 3. He has further submitted that another case at N.C.R. No. 04 of 2008, under Sections 323, 504 and 506 I.P.C., as detailed and described in the gang-chart, was registered against the applicant, but the applicant was not prosecuted in the said case.

Learned A.G.A. was directed vide this Court''s order dated 16.09.2010 to file supplementary-counter affidavit indicating clearly as to whether any case was registered on the basis of N.C.R. and the matter was investigated, and if investigated, what was result of investigation, but, in the supplementary-counter affidavit filed today, no information has been given as per direction of the Court.

Learned Counsel for the applicant has further submitted that on the basis of said cases, the applicant has been falsely implicated in the instant case and he is in jail since 24.01.2008.

Miss Nand Prabha Shukla, learned A.G.A. has opposed the bail application, but, has admitted that after conviction in the said case, the applicant has been enlarged on bail during the pendency of appeal.

Having considered the nature & gravity of accusation, complicity of the accused, nature of supporting evidence, severity of punishment in case of conviction and submissions made on behalf of the applicant as well as learned A.G.A., I am of the view that it is a fit case for bail.

Let the applicant-accused, Vinay Kumar Vishwakarma, who is involved in Case Crime No. 104 of 2008, u/s 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Achalganj, District Unnao, be enlarged on bail on his furnishing a personal bond and two sureties each, in the like amount to the satisfaction of the court concerned and also subject to the following conditions that:

The applicant will continue to attend the court concerned on the dates fixed.

The applicant will not tamper with the prosecution witnesses.

The applicant will not indulge in any illegal activities during the period of bail.

In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.